04-23-1990 Council Minutes - Laserfiche WebLink

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MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE #1428 -OTTEN BROTHERS CONTINUED • cannot vote until that issue is resolved. Mr. Mitchell asked whether the City would allow the road to be a lesser width. Mayor Grabek said that such a decision could not be made this evening. Mayor Grabek asked Mr. Walvatne where he would prefer to have the trees located. Mr. Walvatne asked that they be on the north side of the road within the 60' that has been designated for the road. Mabusth noted that usually the City asks for 50' of right -of -way. In this case they are requesting 60' to allow for a bike trail on the north side of the road. Bernhardson informed Mr. Walvatne that if the trees are planted on Mr. Otten's property, Mr. Otten will own the trees and can remove them at any time. Bernhardson stated that if Council agreed with all other aspects of this matter, with the exception of Mr. Walvatne's concerns, they could give approval. He said that without Mr. - Walvatne's approval, the plat cannot be finalized for filing. That issue could be resolved without the need to delay Mr. Otten until the next Council meeting in three weeks. Mr. Mitchell stated that he would be happy to meet with Mr. Walvatne and staff to get this matter resolved to the satisfaction of all parties. Mayor Grabek asked staff what the consequences may be in the event that an agreement is not reached with Mr. Walvatne. City Attorney Barrett said, "I don't believe that the City would be in any jeopardy with respect to the plat. The plat cannot be filed until it is signed. Council could conditionally approve the plat and if there is no resolve to Mr. Walvatne's concern, the matter can come back to Council." Mayor • Grabek stated that he would be willing to give conditional approval. Councilmember Goetten asked whether there were other issues that needed to be addressed. Bernhardson said that the changes he had noted earlier had been agreed to and were no longer a concern. Mr. Walvatne asked whether it would be possible to move the road. Mayor Grabek believed that it would be quite an involved process to do so. Staff confirmed that. Callahan withdrew his motion. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to give conditional approval of the final subdivision, dependent upon agreement between the two parties and the signing of the plat. Nettles asked Bernhardson to review again the revisions being made with the City. Bernhardson reviewed the changes. Callahan asked what effect any changes made to solve Mr. Walvatne's concerns would have on the plat, and whether it would be necessary to come back to Council. Mabusth said that any amendments would occur to the individual plans that consist of the PUD agreement and would not affect the plat. Motion, Ayes - 3, Peterson, Goetten, Nay. Motion failed. Mr. Mitchell said that 4 votes in favor are required or the project does not proceed. Mayor Grabek stated that he was not aware that 4 votes in - 6 -